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17 September 2020
Issue: 7902 / Categories: Legal News , Mental health
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NLJ this week: Consenting adults?

The complex and sensitive law on capacity to have sexual relations, is examined in NLJ this week by barrister Laura Davidson, No5 Chambers

Davidson looks at the recent case of A Local Authority v JB [2020] EWCA Civ 735, which concerned a man with difficulties in social interactions due to his Asperger’s Syndrome. He had a tendency to send inappropriate and sexually explicit and/or harassing messages to women and, due to a high risk he would commit a sexual assault, he received 1:1 supervision outside his supported living placement. He had been assessed by a clinical psychologist as unable to understand the concept of consent. However, the Court of Protection held that he did have capacity for sexual relations.    

Davidson covers the case, the appeal and the courts' reasoning throughout, and concludes with a three-page table summarising the key points of all the cases mentioned in the judgment.

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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